Item 21 - Discuss and Provide Direction on Whether to Pursue Censure of Councilmember Hernandez

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Consideration of Possible Censure of Councilmember Hernandez October 7, 2025 Page 2 distancing the public agency from behaviors that interfere with the agency's ability to conduct the public's business and protect its employees. While censure does not remove an elected official from office, it may serve an important purpose by stating to the public that certain behavior is unacceptable to the other council members. It is a form of self-policing for elected officials. An elected official who is subject to possible censure is entitled to due process with notice and an opportunity to be heard. This process must take place in open session as the California Attorney General has issued a written opinion concluding that complaints against elected officials may not be discussed in closed session. (61 Ops. Cal. Atty. Gen. 10 (1978).) Therefore, if the City Council wishes to censure Councilmember Hernandez, the following process is recommended: 1. A censure discussion should be placed on the agenda for a City Council meeting. (This is being done with this agenda report). 2. The Council should outline reasons for the consideration of the censure. The Council should also provide for notice as to when the City Council intends to hear the matter. (This should be done at the Council meeting wherein this agenda report is presented). 3. The City Council should further direct that the Councilmember receive individualized notice by mail. 4. The censure should be scheduled for deliberation in open session, and not in closed session. (61 Ops.Cal.Atty.Gen. 10 (1978).) 5. Councilmember Hernandez should be afforded an opportunity to be heard. However, formal rules of evidence do not apply, including the right to cross examination. (Binkley v. City of Long Beach (1993) 16 Cal.App.4th 1795, 1809.) 6. After deliberation at an open session where Councilmember Hernandez is afforded the opportunity to be heard, if it is the Council's direction to censure, the City Council will need to adopt a resolution containing findings as to why the City Council believes a censure is appropriate. Like resolutions generally, a Resolution of Censure must be adopted by a majority vote of the City Council. Examples for the consideration of a censure could include: 1. Illegal disclosure of closed session information in violation of the Brown Act. 2. Improper use of city email and city communications.